Motor Vehicle Act

Motor Vehicle Act Regulations

Definitions and Interpretation

"all terrain cycle" means a 3 wheeled motor vehicle designed for the transportation of persons, property or equipment exclusively on marshland, open country or other unprepared surfaces;

"bus" means a motor vehicle having a seating capacity of more than 10 persons, including the driver, that is operated for hire or for public transportation;

"construction vehicle" means any motor vehicle or combination of vehicles known or described as a tractor, grader, loader, shovel, roller, scraper or any other self propelled road building machine that is used for grading of highways, paving of highways or other construction work, but does not include a truck, truck tractor, mobile truck crane or truck mounted backhoe that has 3 or more axles;

"learner driving experience" means the total amount of time a person has held a valid learner's licence, which licence may have been issued by another jurisdiction, and does not include any periods of time during which

(a) the licence was suspended other than under section 90.3 of the Act,

(b) the licence was surrendered, or

(c) the licence holder was prohibited from driving other than under section 215 of the Act;

"licensed driver training instructor" means a driver training instructor as defined in section 27.01 who is licensed under Division 27;

"mobile truck crane" means a motor vehicle with a crane permanently affixed, with or without a booster dolly or booster axles, designed and used primarily for lifting or hoisting objects and operated or moved over a highway incidentally to its designed purpose or function;

"non-learner driving experience" means the total amount of time a person has held a valid driver's licence other than a learner's licence, which licence may have been issued by another jurisdiction, and does not include any periods of time during which

(a) the licence was suspended other than under section 90.3 of the Act,

(b) the licence was surrendered, or

(c) the licence holder was prohibited from driving other than under section 215 of the Act;

(2) The classes of driver's licences and the categories of motor vehicles that the holders of each class of licence are permitted to drive are as follows:

(a)Class 8 licence, subject to the applicable conditions and restrictions under sections 30.10 (4), 30.11 (1) and 30.12 (1), permits operation of a motorcycle, an all terrain cycle or an all terrain vehicle;

(b)Class 8L licence is a learner's licence that, subject to the applicable conditions and restrictions under sections 30.06 (4), (7) (b) and (8), 30.07 (1), 30.08 (1) and (2), 30.09 (5), 30.10 (2) and 30.11 (1), permits operation of a motor vehicle or combination of vehicles for which a Class 8 licence is required;

(B) has a seating capacity of not more than 10 passengers including the driver;

(d)Class 7L licence is a learner's licence that, subject to the applicable conditions and restrictions under sections 30.06 (1) and (2), 30.07 (3), 30.072, 30.09 (3), 30.10 (2), and 30.11 (1), permits operation of a motor vehicle or combination of vehicles for which a Class 7 licence is required;

(e)Class 6 licence permits operation of a motor vehicle or combination of vehicles for which a Class 8 licence is required, subject to any applicable restriction under section 30.12 (1);

(f)Class 6L licence is a learner's licence that, subject to the applicable conditions and restrictions under sections 30.06 (4), (7) (a) and (8), 30.07 (1), 30.08 (1) and (2) and 30.09 (1) and (11), permits operation of a motor vehicle or combination of vehicles for which a Class 6 licence is required;

(g)Class 5 licence permits

(i) operation of a motor vehicle or combination of vehicles for which a Class 7 licence is required, and

(ii) if permitted on the licence, operation of a combination of vehicles referred to in paragraph (c) (ii) or (iii) that are without air brakes even if the towed vehicles in that combination exceed 4 600 kg;

(h)Class 5L licence is a learner's licence that, subject to the applicable conditions and restrictions under sections 30.06 (1) and 30.09 (8) and (9), permits operation of a motor vehicle or combination of vehicles for which a Class 5 licence referred to in paragraph (g) (i) is required;

(i)Class 4 licence permits

(i) operation of a motor vehicle or combination of vehicles for which a Class 5 licence is required,

(ii) operation of an ambulance or taxi,

(iii) if permitted on the licence, operation of an ambulance or taxi with towed vehicles, none of which have air brakes, even if the towed vehicles in that combination exceed 4 600 kg,

(iv) operation of a school bus, a special activity bus, a special vehicle or a bus with a seating capacity of not more than 25 persons including the driver, or

(v) if permitted on the licence, operation of a motor vehicle referred to in subparagraph (iv) with towed vehicles, none of which have air brakes, even if the towed vehicles in that combination exceed 4 600 kg;

(j)Class 4L licence is a learner's licence that, subject to subsection (3) and the applicable condition and restriction under section 30.06 (1) and (10), permits operation of a motor vehicle or combination of vehicles for which a Class 4 licence is required;

(k)Class 3 licence permits operation of

(i) a motor vehicle or combination of vehicles for which a Class 5 licence is required,

(ii) a motor vehicle with 3 or more axles other than a bus when used for its purpose as intended by design,

(iii) a tow car and its recovered vehicle,

(iv) a mobile truck crane,

(v) a combination of vehicles if the towed vehicles in that combination do not exceed 4 600 kg, or

(vi) a combination of vehicles without air brakes if the towed vehicles exceed 4 600 kg;

(l)Class 3L licence is a learner's licence that, subject to the applicable condition under section 30.06 (1), permits operation of a motor vehicle or combination of vehicles for which a Class 3 licence is required;

(m)Class 2 licence permits operation of

(i) a motor vehicle or combination of vehicles for which a Class 4 licence is required,

(ii) a bus, school bus, special activity bus or special vehicle, or

(iii) a combination of vehicles without air brakes if the towed vehicles exceed 4 600 kg;

(n)Class 2L licence is a learner's licence that, subject to the applicable condition and restriction under sections 30.06 (1) and (10), permits operation of a motor vehicle or combination of vehicles for which a Class 2 licence is required;

(o)Class 1 licence permits operation of any motor vehicle or combination of vehicles but does not include the operation of a motorcycle other than a limited speed motorcycle or all terrain cycle;

(p)Class 1L licence is a learner's licence that, subject to the applicable condition and restriction under sections 30.06 (1) and (10), permits operation of a motor vehicle or combination of vehicles for which a Class 1 licence is required.

(3) A Class 4L licence may not permit operation of a motor vehicle referred to in subsection (2) (g) (ii) or (i) (iii) or (v).

Prohibition on air brakes

30.02The operation of a vehicle equipped with air brakes, other than a construction vehicle, is not permitted by any class of licence referred to in section 30.01 unless specifically permitted in the licence.

[en. B.C. Reg. 133/89, s. 3.]

Exemptions

30.03A peace officer, a person authorized to inspect vehicles pursuant to the Motor Vehicle Inspectors Authorization Regulation or a person employed by the Insurance Corporation of British Columbia as an examiner of drivers is exempt from this Division while driving or operating a motor vehicle

(a) as a result of an accident or other emergency,

(b) for the purpose of inspecting the motor vehicle,

(c) for the purpose of examining the driver, or

(d) as part of his duties.

[en. B.C. Reg. 133/89, s. 3; am. B.C. Reg. 317/96, s. 7.]

Age of driver and expiry of learner's licence

30.04(1) The holder of a driver's licence must be at least

(a) 16 years of age for a Class 5, 5L, 6, 6L, 7, 7L, 8 or 8L licence,

(b) 18 years of age for a Class 3 or 3L licence, and

(c) 19 years of age for a Class 1, 1L, 2, 2L, 4 or 4L licence.

(2) The classes of learner's licence expire as follows:

(a) a Class 1L, 2L, 3L, 4L, 5L or 6L licence expires one year after its date of issue;

(b) a Class 7L or Class 8L licence, if issued before October 6, 2003, expires one year after its date of issue;

(c) a Class 7L or Class 8L licence, if issued on or after October 6, 2003, expires 2 years after its date of issue.

Minimum driving experience, skills and other qualifications

(a) hold a valid and subsisting Class 1L, 2L, 3L or 4L licence, as the case may be,

(b) have held a class 1, 2, 3 or 4 licence, as the case may be, or

(c) hold or have held a similar class of driver's licence from another jurisdiction, as determined by the Insurance Corporation of British Columbia, and have at least 2 years of non-learner driving experience.

(2) An applicant for a Class 1L, 2L, 3L or 4L licence must

(a) have a driving record that shows

(i) fewer than 4 convictions for offences listed in the Schedule to Division 28 or convictions in another jurisdiction for similar offences, as determined by the Insurance Corporation of British Columbia, in the 2 years prior to the application, and

(ii) no convictions for the Criminal Code offences listed in the Schedule to Division 28 or convictions in another jurisdiction for similar offences, as determined by the Insurance Corporation of British Columbia, in the 3 years prior to the application, and

(b) either

(i) hold or have held a Class 1, 2, 3, 4, 5 or 6 licence, or

(ii) hold or have held a licence similar to a Class 1, 2, 3, 4, 5, 6, 7 or 8 licence issued by another jurisdiction, as determined by the Insurance Corporation of British Columbia, and have at least 2 years of non-learner driving experience.

(3) An applicant for a Class 5 licence must

(a) hold or have held a Class 1, 2, 3 or 4 licence,

(b) have held a Class 5 licence,

(c) hold or have held a Class 7 licence issued before October 6, 2003 and have at least 18 months of non-learner driving experience, unless paragraph (c.1) or (c.2) applies,

(c.1) have held a Class 7 licence issued before October 6, 2003, and, if the applicant is, on that date, subject to a prohibition or suspension

(i) under section 93, 94.1, 98, 99, 100, or 232 of the Act, or

(ii) resulting from a conviction for a motor vehicle related Criminal Code offence, or from a conviction in any other jurisdiction for an offence that is similar to a motor vehicle related Criminal Code offence, as determined by the Insurance Corporation of British Columbia,

have non-learner driving experience accumulated before the commencement of the prohibition or suspension, plus non-learner driving experience accumulated after the end of the prohibition or suspension that is uninterrupted by a prohibition or suspension referred to in subparagraph (i) or (ii), totalling at least 24 months,

(c.2) have held a Class 7 licence issued before October 6, 2003, and if the applicant is, on or after that date, prohibited or suspended

(i) under section 93, 94.1, 98, 99, 100, or 232 of the Act, or

(ii) as a result of a conviction for a motor vehicle related Criminal Code offence, or of a conviction in any other jurisdiction for an offence that is similar to a motor vehicle related Criminal Code offence, as determined by the Insurance Corporation of British Columbia,

have at least 24 months of non-learner driving experience accumulated after the end of the prohibition or suspension that is uninterrupted by a prohibition or suspension referred to in subparagraph (i) or (ii),

(c.3) hold or have held a Class 7 licence issued on or after October 6, 2003, and have at least 24 months of non-learner driving experience that is uninterrupted by a prohibition or suspension

(i) under section 93, 94.1, 98, 99, 100, or 232 of the Act, or

(ii) as a result of a conviction for a motor vehicle related Criminal Code offence, or of a conviction in any other jurisdiction for an offence that is similar to a motor vehicle related Criminal Code offence, as determined by the Insurance Corporation of British Columbia,

unless paragraph (c.1) or (c.2) applies,

(d) hold or have held a licence similar to a Class 1, 2, 3, 4, 5 or 7 licence issued by another jurisdiction, as determined by the Insurance Corporation of British Columbia, and have at least 2 years of non-learner driving experience, or

(e) hold a valid and subsisting Class 5L licence.

(f) Repealed. [B.C. Reg. 354/2003, Sch. s. 3 (e).]

(4) An applicant for a Class 5L licence must

(a) hold or have held a Class 1, 2, 3, 4, 5 or 6 licence, or

(b) hold or have held a licence similar to a Class 1, 2, 3, 4, 5, 6, 7 or 8 licence issued by another jurisdiction, as determined by the Insurance Corporation of British Columbia, and have at least 2 years of non-learner driving experience.

(5) An applicant for a Class 6 licence must

(a) have held a Class 6 licence,

(b) hold or have held a Class 8 licence issued before October 6, 2003 and have at least 18 months of non-learner driving experience, unless paragraph (b.1) or (b.2) applies,

(b.1) have held a Class 8 licence issued before October 6, 2003, and, if the applicant is, on that date, subject to a prohibition or suspension

(i) under section 93, 94.1, 98, 99, 100, or 232 of the Act, or

(ii) resulting from a conviction for a motor vehicle related Criminal Code offence, or from a conviction in any other jurisdiction for an offence that is similar to a motor vehicle related Criminal Code offence, as determined by the Insurance Corporation of British Columbia,

have non-learner driving experience accumulated before the commencement of the prohibition or suspension, plus non-learner driving experience accumulated after the end of the prohibition or suspension that is uninterrupted by a prohibition or suspension referred to in subparagraph (i) or (ii), totalling at least 24 months,

(b.2) have held a Class 8 licence issued before October 6, 2003, and if the applicant is, on or after that date prohibited or suspended

(i) under section 93, 94.1, 98, 99, 100, or 232 of the Act, or

(ii) as a result of a conviction for a motor vehicle related Criminal Code offence, or of a conviction in any other jurisdiction for an offence that is similar to a motor vehicle related Criminal Code offence, as determined by the Insurance Corporation of British Columbia,

have at least 24 months of non-learner driving experience accumulated after the end of the prohibition or suspension that is uninterrupted by a prohibition or suspension referred to in subparagraph (i) or (ii),

(b.3) hold or have held a Class 8 licence issued on or after October 6, 2003, and have at least 24 months of non-learner driving experience that is uninterrupted by a prohibition or suspension

(i) under section 93, 94.1, 98, 99, 100, or 232 of the Act, or

(ii) as a result of a conviction for a motor vehicle related Criminal Code offence, or of a conviction in any other jurisdiction for an offence that is similar to a motor vehicle related Criminal Code offence, as determined by the Insurance Corporation of British Columbia,

unless paragraph (b.1) or (b.2) applies,

(c) hold or have held a licence similar to a Class 6 or 8 licence issued by another jurisdiction, as determined by the Insurance Corporation of British Columbia, and have at least 2 years of non-learner driving experience, or

(d) hold a valid and subsisting Class 6L licence.

(e) Repealed. [B.C. Reg. 354/2003, Sch. s. 3 (j).]

(6) An applicant for a Class 6L licence must

(a) hold or have held a Class 1, 2, 3, 4, 5 or 6 licence, or

(b) hold or have held a licence similar to a Class 1, 2, 3, 4, 5, 6, 7 or 8 licence issued by another jurisdiction, as determined by the Insurance Corporation of British Columbia, and have at least 2 years of non-learner driving experience.

(7) An applicant for a Class 7 licence must

(a) hold a valid and subsisting Class 7L licence,

(b) have held a Class 7 licence, or

(c) hold or have held a licence similar to a Class 7 licence issued by another jurisdiction, as determined by the Insurance Corporation of British Columbia.

(8) An applicant for a Class 8 licence must

(a) hold a valid and subsisting Class 8L licence,

(b) have held a Class 8 licence, or

(c) hold or have held a licence similar to a Class 8 licence issued by another jurisdiction, as determined by the Insurance Corporation of British Columbia.

(9) An applicant for a Class 8L licence must

(a) hold a valid and subsisting Class 7 licence, or

(b) hold a valid and subsisting Class 7L licence.

(10) Repealed. [B.C. Reg. 270/2000, s. 2.]

(11) The qualifications and requirements set out in subsections (1) to (9) are in addition to and not in place of any other requirement, restriction or condition imposed under the Act or the regulations for the application.

30.06(1) A person to whom a Class 1L, 2L, 3L, 4L or 5L licence is issued, or a person to whom a Class 7L licence is issued before October 6, 2003, must not operate a motor vehicle of a category designated in section 30.01 (2) for the class of licence issued unless the person is accompanied by another person who

(a) is at least 19 years of age,

(b) holds a valid and subsisting driver's licence, other than a learner's licence or a Class 7 licence, of a class that permits him or her to operate a motor vehicle of that category, and

(c) occupies

(i) the seat beside the operator, or

(ii) the seat or area immediately behind and to the right of the operator, in the case of a motor vehicle of the category designated for the class of licence issued in which there is no seat beside the operator.

(1.1) A person to whom a Class 7L licence is issued on or after October 6, 2003 must not operate a motor vehicle of a category designated in section 30.01 (2) for that class of driver's licence unless the person is accompanied by another person who

(a) is at least 25 years of age or is a licensed driver training instructor engaged in providing practical driver training in accordance with Division 27,

(b) holds a valid and subsisting driver's licence, other than a learner's licence or a Class 7 licence, of a class that permits him or her to operate a motor vehicle of that category, and

(c) occupies

(i) the seat beside the operator, or

(ii) the seat or area immediately behind and to the right of the operator, in the case of a motor vehicle of the category designated for the class of licence issued in which there is no seat beside the operator.

(2) A person to whom a Class 7L licence is issued must not carry more than one passenger, other than the accompanying person under subsection (1), while operating a motor vehicle of a category designated in section 30.01 (2) for that class of driver's licence.

(3) The passenger restriction under subsection (2) does not apply in the course of the person receiving practical driver training that is being conducted in accordance with Division 27 by a licensed driver training instructor.

(4) A person to whom a Class 6L licence is issued, or a person to whom a Class 8L licence is issued before October 6, 2003, must not operate a motorcycle unless the person is under the direct supervision of another person who

(a) is at least 19 years of age, and

(b) holds a valid and subsisting driver's licence, other than a learner's licence or a Class 8 licence, of a class that permits him or her to operate a motorcycle.

(4.1) A person to whom a Class 8L licence is issued on or after October 6, 2003 must not operate a motorcycle unless the person is under the direct supervision of another person who

(a) is at least 25 years of age or is a licensed driver training instructor engaged in providing practical training in accordance with Division 27, and

(b) holds a valid and subsisting driver's licence, other than a learner's licence or a Class 8 licence, of a class that permits him or her to operate a motorcycle.

(5) For the purposes of subsections (4) and (4.1), "direct supervision" means that the person supervising can, at all times, see the other person while the other person is operating the motorcycle.

(6) Subject to the minimum waiting periods set out in subsection (7), the direct supervision condition under subsections (4) and (4.1) applies only until the person referred to in that subsection undertakes and successfully completes a road skills test required by the Insurance Corporation of British Columbia for this purpose.

(7) A person to whom a Class 6L or 8L licence is issued is not entitled to submit to the road skills test referred to in subsection (6) until expiration of the following waiting period, as applicable:

(a) a 14 day waiting period that begins on the date the Class 6L licence is issued;

(b) a 30 day waiting period that begins on the date the Class 8L licence is issued.

(8) A person to whom a Class 6L or 8L licence is issued must not carry passengers while operating a motorcycle.

(9) The no-passenger restriction under subsection (8) does not apply in the course of the person receiving practical driver training that is being conducted in accordance with Division 27 by a licensed driver training instructor.

(10) A person to whom a Class 1L, 2L or 4L licence is issued must not operate a bus, taxi or ambulance in which there is a passenger other than

(a) an examiner of drivers,

(b) a person who is at least 19 years of age and holds a valid and subsisting driver's licence of a class that permits him or her to operate a motor vehicle of the appropriate category with passengers, or

(c) a person being trained to operate a motor vehicle of the appropriate category who holds a learner's licence that permits him or her to operate a motor vehicle of that category.

Hours-of-day restrictions for Class 6L, 7L and 8L licences

30.07(1) Subject to the exception set out in subsection (2), a person to whom a Class 6L or 8L licence is issued must not operate a motorcycle between sunset and sunrise each day.

(2) The daylight-hours restriction under subsection (1) does not apply in the course of the person receiving practical driver training that is being conducted in accordance with Division 27 by a licensed driver training instructor.

(3) A person to whom a Class 7L licence is issued must not operate, between the hours of 12:00 a.m. and 5:00 a.m. each day, a motor vehicle of a category designated in section 30.01 (2) for that class of driver's licence.

30.071(1) Subject to subsection (2), a person to whom a Class 7 licence is issued on or after October 6, 2003 must not carry more than one passenger while operating a motor vehicle of a category designated in section 30.01 (2) for that class of driver's licence unless the person is accompanied by another person who

(a) is at least 25 years of age or is a licensed driver training instructor engaged in providing practical driver training to the person in accordance with Division 27,

(b) holds a valid and subsisting driver's licence, other than a learner's licence or a Class 7 licence, of a class that permits him or her to operate a motor vehicle of that category, and

(c) occupies

(i) the seat beside the operator, or

(ii) the seat or area immediately behind and to the right of the operator, in the case of a motor vehicle of the category designated for the class of licence issued in which there is no seat beside the operator.

(2) Subsection (1) does not apply to a passenger who is an immediate family member of the person.

[en. B.C. Reg. 354/2003, Sch. s. 6.]

Restriction on use of electronic device while driving

30.072(1) Subject to subsection (2), a person to whom a Class 7 or 7L licence is issued must not

(a) use an electronic device within the meaning of Part 3.1 of the Act while driving or operating a motor vehicle on a highway, or

(b) without limiting paragraph (a), communicate by means of an electronic device with another person or another device by electronic mail or other text-based message while driving or operating a motor vehicle on a highway.

(2) Subsection (1) does not apply to a person referred to in that subsection if the person uses the electronic device

(a) while operating a motor vehicle that is safely parked off the roadway or is lawfully parked on the roadway and not impeding traffic, or

(b) to call or send a message to a police force, fire department or ambulance service about an emergency.

[en. B.C. Reg. 308/2009, Sch. 2, s. 1 (d).]

Speed and area restrictions for Class 6L and 8L licences

30.08(1) Subject to the exceptions set out in subsection (3), a person to whom a Class 6L or 8L licence is issued must not operate a motorcycle at a speed exceeding 60 km/hr until he or she has successfully completed a road skills test required by the Insurance Corporation of British Columbia for that purpose.

(2) Repealed. [B.C. Reg. 354/2003, Sch. s. 7 (b).]

(3) The speed restriction under subsection (1) does not apply in the course of the person receiving practical driver training that is being conducted in accordance with Division 27 by a licensed driver training instructor.

Minimum waiting periods imposed on learner's licences

30.09(1) The period a Class 6L licence holder must wait to be eligible for a road test under section 25 (3) (a) of the Act in respect of a Class 6 licence is 30 days from the date the Class 6L licence is issued.

(2) The waiting period set out in subsection (1) does not apply if the person has held a Class 6 licence or a licence, similar to a Class 6 or 8 licence, issued by another jurisdiction, as determined by the Insurance Corporation of British Columbia.

(3) The period a Class 7L licence holder must wait to be eligible for a road test under section 25 (3) (a) of the Act in respect of a Class 7 licence is

(a) until he or she has accumulated 6 months of learner driving experience, if the Class 7L licence is issued before October 6, 2003, or

(b) until he or she has accumulated one year of learner driving experience, if the Class 7L licence is issued on or after October 6, 2003.

(4) The waiting period referred to in subsection (3) does not apply if the person has held a Class 7 licence or a licence, similar to a Class 5 or 7 licence, issued by another jurisdiction, as determined by the Insurance Corporation of British Columbia.

(5) The period a Class 8L licence holder must wait to be eligible for a road test under section 25 (3) (a) of the Act in respect of a Class 8 licence is

(a) until he or she has accumulated 6 months of learner driving experience, if the Class 8L licence is issued before October 6, 2003, or

(b) until he or she has accumulated one year of learner driving experience, if the Class 8L licence is issued on or after October 6, 2003.

(6) The waiting period set out in subsection (5) does not apply if the person has held a Class 8 licence or a licence, similar to a Class 6 or 8 licence, issued by another jurisdiction, as determined by the Insurance Corporation of British Columbia.

New driver sign condition for Class 7L, 8L, 7 and 8 licences

30.10(1) In this section, "new driver sign" means a sign, issued by the Insurance Corporation of British Columbia for the purposes of this section, to indicate that a motor vehicle is being driven by a person who is learning to drive or by a novice driver.

(2) Subject to the exception set out in subsection (3), a person to whom a Class 7L or 8L licence is issued must not operate a motor vehicle of a category designated in section 30.01 (2) for that class of driver's licence unless a new driver sign depicting the letter "L" is clearly visible and prominently displayed from the rear of the motor vehicle or trailer, as the case may be.

(3) The new driver sign condition under subsection (2) does not apply in the course of the person receiving practical driver training conducted in accordance with Division 27 by a licensed driver training instructor, unless the practical driver training is being conducted in a private vehicle under section 27.09 (7).

(4) Subject to the exception set out in subsection (5), a person to whom a Class 7 or 8 licence is issued must not operate a motor vehicle of a category designated in section 30.01 (2) for that class of driver's licence unless a new driver sign depicting the letter "N" is clearly visible and prominently displayed from the rear of the motor vehicle or trailer, as the case may be.

(5) The new driver sign condition under subsection (4) does not a apply in the course of the person receiving practical driver training conducted in accordance with Division 27 by a licensed driver training instructor, unless the practical driver training is being conducted in a private vehicle under section 27.09 (7).

No-alcohol restriction for Class 7L, 8L, 7 and 8 licences

30.11(1) A person who holds a Class 7L, 8L, 7 or 8 licence must not operate a motor vehicle while having alcohol in his or her body.

(2) For the purposes of section 90.3 of the Act, the following devices are prescribed:

(a) the Alcolmeter S-L2;

(b) the Alcotest ® 7410 GLC;

(c) the Alcotest ® 7410 PA3;

(c.1) the Alco-Sensor FST;

(d) the Alco-Sensor IV D WF;

(e) the Alco-Sensor IV PWF;

(f) the Alco-Sûr;

(g) the Intoxilyzer 400D.

[en. B.C. Reg. 257/98, App. 1, s. 6; am. B.C. Reg. 43/2015.]

Passenger and motor vehicle restrictions for Class 6 and 8 licences

30.12(1) A Class 6 or 8 licence is subject to the following licence restrictions:

(a) if the person to whom the licence is issued qualified for the licence using a motorcycle with an engine displacement of 200 cc or less, other than a motor scooter, the person must not carry passengers while operating a motorcycle;

(b) if the person qualified for the licence using a motor scooter, the person must not operate any other kind of motorcycle except a limited speed motorcycle;

(c) if the person qualified for the licence using a limited speed motorcycle, the person must not operate any other kind of motorcycle.

(2) Despite subsection (1) the person holding a licence on which a restriction under that subsection is imposed may apply to have the restriction removed from his or her licence by undertaking and successfully completing the appropriate fitness and ability tests under section 25 (3) of the Act for the other kinds of motorcycles that the person wishes to operate.

[en. B.C. Reg. 257/98, App. 1, s. 6; am. B.C. Reg. 270/2000, s. 5.]

Repealed

30.13Repealed. [B.C. Reg. 107/2016, s. 4.]

Division 30A — Drivers' Licences — Foreign Representatives

Fee exemption

30A.01A foreign representative or the spouse or dependent of a foreign representative is exempt from the fees for a driver's licence or driver's test under item 4 (a) and (b) of the Schedule to the Motor Vehicle Fees Regulation except for fees payable for a missed test.

[en. B.C. Reg. 381/2007, s. (b).]

Driver's licence testing exemptions

30A.02(1) A foreign representative or spouse of a foreign representative who applies for a Class 5 licence, and who holds a licence issued by another jurisdiction that the Insurance Corporation of British Columbia considers is similar to a Class 1, 2, 3, 4, 5 or 7 licence, is exempt from

(a) the requirement to submit to tests required under section 25 (3) (a) of the Act [application for licence], and

(b) the requirement to provide proof of driving experience under section 30.05 (3) (d) of this regulation [minimum driving experience, skills and other qualifications].

(2) A dependent of a foreign representative who applies for a Class 5 licence and who

(a) holds a licence issued by another jurisdiction that the Insurance Corporation of British Columbia considers is similar to a Class 1, 2, 3, 4, 5 or 7 licence, and

(b) has at least 2 years of non-learner driving experience,

is exempt from the requirement to submit to tests required under section 25 (3) (a) of the Act [application for licence].

(3) A dependent of a foreign representative who applies for a Class 7 licence and who

(a) holds a licence issued by another jurisdiction that the Insurance Corporation of British Columbia considers is similar to a Class 1, 2, 3, 4, 5 or 7 licence, and

(b) has fewer than 2 years of non-learner driving experience

is exempt from the requirement to submit to tests required under section 25 (3) (a) of the Act [application for licence].

Definitions

(b) in respect of an offence that is an indictable offence or an offence that is being proceeded with by way of indictment, and

(c) that has not been disposed of by a court.

[en. B.C. Reg. 147/2009, Sch. 1.]

Additional requirements for driver's licence

30B.02For the purposes of section 25 (1.2) (d) of the Act, an applicant for a driver's licence that indicates the driver is a Canadian citizen is not eligible for the licence if

(a) the applicant is the subject of an outstanding charge,

(b) the applicant is subject to conditions imposed by a court or parole board that forbid the applicant to leave Canada, or

(c) the applicant holds a BC identification card issued under section 3 (1) of the Identification Card Regulation that indicates the person is a Canadian citizen.

[en. B.C. Reg. 147/2009, Sch. 1; am. B.C. Reg. 4/2013, App. 3, s. 1.]

Continuing requirements for driver's licence and cancellation

30B.03(1) For the purposes of section 25 (14.1) (b) of the Act, a person who holds a driver's licence that indicates the driver is a Canadian citizen must continue to meet the requirements for eligibility for the licence that are set out in section 30B.02.

(2) If a person who holds a driver's licence that indicates the driver is a Canadian citizen ceases to be a Canadian citizen, the Insurance Corporation of British Columbia may cancel the licence.

Prescribed categories

30D.01For the purposes of section 25 (1.3) of the Act, an applicant for a driver's licence that indicates the applicant is a beneficiary under the Medicare Protection Act is not eligible for the licence if

(a) the applicant is a deemed resident within the meaning of section 7.4 (1) of the Medical and Health Care Services Regulation, or

(b) section 7 (2) of the Medicare Protection Act applies to the applicant, unless the Medical Services Commission, on or after February 10, 2013, renewed the applicant's enrollment as a beneficiary under section 7.2 of the Medicare Protection Act.

[en. B.C. Reg. 4/2013, App. 3, s. 2.]

Additional requirements for driver's licence

30D.02For the purposes of section 25 (1.3) (d) of the Act, an applicant for a driver's licence that indicates the applicant is a beneficiary under the Medicare Protection Act must surrender all of the following that are held by the applicant at the time of application:

(a) a photo BC services card within the meaning of the Identification Card Regulation;

(b) a non-photo BC services card within the meaning of the Identification Card Regulation.

Definition

30E.01In this Division, "North American Free Trade Agreement" has the same meaning as "Agreement" in the North American Free Trade Agreement Implementation Act (Canada).

[en. B.C. Reg. 239/2013]

Prescribed international agreement

30E.02The North American Free Trade Agreement is prescribed for the purposes of this Division.

[en. B.C. Reg. 239/2013]

Statement indicating certain medical conditions

30E.03(1) The superintendent may, for the purposes of complying with the agreement prescribed in section 30E.02, instruct the Insurance Corporation of British Columbia to inscribe the statement "W" on the face of a driver's licence if the superintendent is satisfied that

(a) the licence is a class 1, 2, 3 or 4 licence, and

(b) the applicant for or holder of the licence

(i) has epilepsy,

(ii) has diabetes mellitus that requires insulin, or

(iii) has a hearing impairment such that the average of the quietest sound at 500, 1 000 and 2 000 hertz that he or she can hear in his or her best ear, with or without a hearing aid, is greater than 40 decibels.

(2) The superintendent may instruct the Insurance Corporation of British Columbia to remove the statement "W" from a driver's licence if the superintendent is satisfied that the holder of the licence does not have any of the conditions referred to in subsection (1) (b).

(3) The Insurance Corporation of British Columbia must comply with an instruction of the superintendent given under subsection (1) or (2).

[en. B.C. Reg. 239/2013]

Division 31 — Trailers and Mobile Homes

CSA standards

31.01Trailers, mobile homes or recreational vehicles, and the equipment therein, manufactured on or after October 1, 1972, shall conform in all respects to the standards for trailers, mobile homes or recreational vehicles from time to time made by the Canadian Standards Association, now numbered CSA Standard-Z240 MH Series-92 and Z240 RV Series-M86 (R1992), respectively; and labelled in accordance with such standard.

Exclusion

31.02For the purpose of section 31.01, a recreational vehicle as defined in CSA Standard Z240 RV Series-M86 (R1992) does not include a motorhome as defined in section 1 of the Act.

[en. B.C. Reg. 224/74, s. 4; am. B.C. Reg. 333/94, s. 2.]

Division 32 — Seat Belt Assembly

Definition

32.01In this Division, "taxi" means a motor vehicle having a seating capacity of not more than 10 persons which, with its driver, is operated or plies for hire by members of the public.

[en. B.C. reg. 426/77; am. B.C. Reg. 56/89, s. 9.]

Exemption — taxi driver

32.02A taxi driver, while operating a taxi on a highway at a speed of less than 70 kilometres per hour, is exempt from the provisions of section 220 (4) of the Act.

[en. B.C. Reg. 426/77.]

Exemption — taxi driver

32.03A taxi driver is exempt from the provisions of section 220 (6) of the Act while transporting a passenger for hire in a taxi.

[en. B.C. Reg. 426/77.]

Exemption — emergency vehicle

32.04(1) An emergency vehicle driven by or on behalf of a peace officer in the discharge of his duty is exempt from the requirement that

(a) upper torso restraints,

(b) a seat belt assembly in the centre front seat seating position, and

(c) seat belt assemblies in the rear seating position,

not be removed, rendered partly or wholly inoperative or modified so as to reduce their effectiveness.

(2) A person who is in the custody or care of a peace officer is exempt from section 220 (4) of the Act.

(3) A peace officer who, in the lawful performance of his duty, is transporting a person in his custody or care is exempt from section 220 (3), (4) and (6) of the Act.

(4) When a peace officer has reasonable and probable grounds to believe the use of a seat belt assembly would obstruct the performance of his duties, the peace officer and any passenger is exempt from section 220 (3), (4) and (6) of the Act.

[en. B.C. Reg. 66/78.]

Exemption — sheriff escort vehicle

32.05(1) A sheriff escort vehicle driven by a sheriff in the discharge of his or her duty is exempt from the requirement that seat belt assemblies in the rear seating position not be removed, rendered partly or wholly inoperative or modified so as to reduce their effectiveness.

(2) A person who is in the custody or care of a sheriff is exempt from section 220 (4) of the Act.

(3) A sheriff who, in the lawful performance of duty, is transporting a person in his or her custody or care is exempt from section 220 (3), (4) and (6) of the Act.

[en. B.C. Reg. 370/2000.]

Division 33 — Year-round Motor Vehicle Licence Renewal

Varied terms of licences

33.01A licence may be issued under the Act in respect of a period of less than 12 months where

(a) the Insurance Corporation of British Columbia considers it necessary to designate an earlier expiry date in order to spread the work of licence renewal more uniformly over the year,

(b) the corporation is satisfied that the licence is required for less than 12 months, or

(c) the corporation is satisfied that a person owns more than one vehicle, and that the licences for each should have a common expiry date,

and where a licence is so issued, it shall expire accordingly.

[en. B.C. Reg. 147/79, s. 3; am. B.C. Reg. 317/96, s. 1.]

Division 34 — Personalized Number Plates

Issuance of plates

34.01(1) Where a person holds a valid and subsisting licence in respect of a motor vehicle, and the Insurance Corporation of British Columbia has received from him

(a) an application in the prescribed form, and

(b) the fee prescribed in the Motor Vehicle Fees Regulation,

the corporation may, subject to this regulation and on being satisfied as to the truth of the facts stated in the application, issue a personalized number plate to him, in respect of the vehicle, in place of the current number plate.

(2) Where a personalized number plate has been lost, stolen, damaged or destroyed the Insurance Corporation of British Columbia may issue an identical replacement on receipt of

Application for plates

34.03(1) Application for personalized number plates shall be made to an office designated by the Insurance Corporation of British Columbia.

(2) Applications for personalized number plates shall be processed in order of receipt at the central processing office of the corporation and where more than one application for the same combination of letters or numbers or both is received at the same time the corporation shall determine the order in which the applications may be approved.

[en. B.C. Reg. 295/79, s. (c); am. B.C. Reg. 317/96, s. 1.]

Restrictions on content

34.04The Insurance Corporation of British Columbia shall not issue a personalized number plate that would contain

(a) characters in a combination identical to one already in use,

(b) characters in a combination identical to a number plate in an existing or projected series of number plates to be issued,

(c) characters in a combination that, in the opinion of the corporation, could create identification problems,

(d) characters in a combination that, in the opinion of the corporation, is unseemly, vulgar, indecent or may offend any person, or

(e) characters that, in the opinion of the corporation, might distract the drivers of other vehicles so as to reduce the level of their driving care or attention.

[en. B.C. Reg. 295/79, s. (c); am. B.C. Reg. 317/96, s. 1.]

Restrictions on types of vehicles

34.05(1) The Insurance Corporation of British Columbia shall not issue personalized number plates in respect of

(2) Where a personalized number plate, after being issued, gains, in the opinion of the Insurance Corporation of British Columbia, an objectionable or misleading connotation, the corporation may require the licensee to surrender it.

(3) Where a licensee who has been required to surrender his personalized number plate pursuant to this regulation fails to surrender it on request of the Insurance Corporation of British Columbia, the corporation may suspend the licence and corresponding personalized number plate.

(4) A refund shall be rounded to the nearest dollar and an amount ending in 50¢ shall be raised to the next highest dollar.

(5) The Insurance Corporation of British Columbia may refund a prorated amount of the personalized number plate fee, where, in the corporation's opinion, circumstances warrant a prorated refund.

(6) The fees payable in respect of personalized number plates under this Division are in addition to any licence, registration or substitution fee required by the Act or the Commercial Transport Act.

Plates not transferable to another licensee

34.06Personalized number plates are not transferable to any other licensee, nor can they be used on any other vehicle owned by the licensee except as stated in sections 3.06 and 34.07.

[en. B.C. Reg. 295/79, s. (c).]

Plates transferable to another vehicle of licensee

34.07Notwithstanding section 3.12 or 3.13, personalized number plates may, on the transfer of the vehicle displaying personalized number plates, be retained by the licensee and may be assigned to a substitute vehicle, subject to section 3.08, so long as the holder is permitted by this regulation to display personalized number plates on the substitute vehicle.

[en. B.C. Reg. 295//79, s. (c).]

Priority on character combination

34.08Where a licensee has a personalized number plate, he shall, where possible, have first priority on that combination of characters for a further term if he makes timely application for it in the manner required by this regulation.

[en. B.C. Reg. 295/79, s. (c).]

Surrender of plates — reservation of character combination

34.09Where a licensee surrenders his personalized number plate to the Insurance Corporation of British Columbia, pursuant to sections 3.05 and 3.09 (b), the corporation may, on receipt of notification from the licensee, reserve that combination of characters for the remainder of the term for which the fees were paid, unless a remission has been granted pursuant to section 34.02.

Surrender of plates — no reservation of character combination

34.10Where the licensee surrenders his personalized number plates and does not notify the Insurance Corporation of British Columbia that he wishes his approved combination of characters reserved, the corporation may issue that combination of characters to the first licensee making appropriate application.

[en. B.C. Reg. 295/79, s. (c); am. B.C. Reg. 317/96, s. 1.]

Reissuance where no surrender and no reservation

34.11Notwithstanding section 34.10, where personalized number plates are not surrendered pursuant to section 3.04, and are not renewed within one year from the expiry of the term for which fees were paid, the Insurance Corporation of British Columbia may issue that combination of characters to the first licensee making appropriate application.

Replacement of lost or damaged plates

34.12A person seeking a replacement for a personalized number plate that has been lost, stolen, damaged or destroyed shall, if he wishes to retain the same personalized numbers, submit to the Insurance Corporation of British Columbia

(a) the fee specified in the regulation,

(b) the appropriate application form and, where required by the corporation, a declaration outlining the loss, theft or destruction or surrender of both personalized number plates where damage has occurred, and

(c) an application for assignment of interim number plates or other form of identification normally assigned to his vehicle type pending receipt and assignment of the reproduced personalized number plates together with the prescribed substitution fee.